Customer: A company, or its representative with a current agreement with Stockpress for the purchase of “platform(s)”
Customer Data: All items uploaded to the Stockpress “platform(s)”
Intellectual Property Rights: All and any copyright, development code and visual presentation
“Platform(s)”: Stockpress software “platform(s)” and services, including trial versions.
Prohibited Use and Content
1. Customer may not upload Customer Data or use the “platform(s)” in a manner that:
1.1. Violates any local, state, national, foreign or international regulations, including data protection and privacy regulations, or fails to secure all required consents from data subjects;
1.2. Advocates or induces illegal activity;
1.3. Infringes or mis-appropriates the intellectual property rights of another party;
1.4. Publishes, posts, uploads, or otherwise distributes any software, music, videos, or other material protected by intellectual property laws (or by rights of privacy or publicity), unless the “customer” has all rights and consents required to do so;
1.5. Is threatening, abusive, harassing, stalking or defamatory;
1.6. Is deceptive, false, misleading or fraudulent;
1.7. Modifies, alters, tampers with, repairs, reverse engineers, disassembles, de-compiles or otherwise creates derivative works of any software included in the “”platform(s)”” (except to the extent this is expressly permitted under a separate license agreement for the creation of derivative works);
1.8. Is invasive of another’s privacy or otherwise violates another’s legal rights (such as rights of privacy and publicity);
1.9. Involves uploading files that contain viruses, malware, corrupted files, or any other similar software or programs that may damage the operation of another person’s computer;
1.10. Interferes with or disrupts the “platform(s)” or servers or networks connected to the “platform(s)”;
1.11. Uses any high volume automated means (including robots, spiders, scripts or similar data gathering or extraction methods) to access the “platform(s)” or any other accounts, computer systems, or networks connected to the “platform(s)” (each a “System”);
1.12. Download any file that the “customer” knows, or reasonably should know, cannot be legally distributed in that way;
1.13. Falsifies or deletes any author attributions, legal or proprietary designations, labels of the origin or source of software, or other material contained in a file that is uploaded;
1.14. Restricts or inhibits any other “customer” from using the “platform(s)”;
1.15. Harvests or otherwise collects information about others, including e-mail addresses, without their consent;
1.16. Violates the usage standards or rules of an entity affected by Customer’s use, including without limitation any internet service provider (or ISP), ESP, or news or user group (including, for example, circumventing or exceeding equipment use rights and restrictions and/or location and path identification detail); and/or
1.17. Is legally actionable between private parties
2. The “customer” will use the “platform(s)” for their internal business purposes and will not violate the security or integrity of a “platform(s)” in any way, including but not limited to:
2.1.Willfully tamper with the security of the “platform(s)”;
2.2. Accessing data on the “platform(s)” not intended for Customer;
2.3. Logging into a server or account on the “platform(s)” that “customer” is not authorised to access;
2.4. Attempting to probe, scan, or test the vulnerability of any “platform(s)” or to breach the security or authentication measures without proper authorization;
2.5. Willfully rendering any part of the “platform(s)” unusable;
2.6. Attempting to gain unauthorized access to any portion of the “platform(s)” whether through hacking, password mining, or any other means;
2.7. Monitoring data or traffic on a system without permission;
2..8 Leasing, distributing, licensing, selling, or otherwise commercially exploiting the “platform(s)” or making the “platform(s)” available to a third party other than as contemplated in the Agreement;
2.9. Using the “platform(s)” for time-sharing or service bureau purposes, or otherwise for the benefit of a third party without our prior written consent; and/or
2.10. Providing to third parties any evaluation version of the “platform(s)” without our prior written consent.
3. No SPAM Permitted; Email Opt-Out Requirements:
The “customer” may not use the “platform(s)” in any way (directly or indirectly) to send, transmit, handle, distribute or deliver:
3.1. Unsolicited email (“spam” or “spamming”) or commercial electronic messages in violation of the CAN-SPAM Act, Directive 2002/58/EC, or Canada’s Anti-Spam Legislation, Dutch Telecommunications Act 1998 (“telecommunicatiewet”) or any other applicable laws;
3.2 Email to an address obtained via Internet harvesting methods or any surreptitious methods (e.g., scraping or harvesting); or
3.3. Email to an address that is incomplete, inaccurate and/or not updated for all applicable opt-out notifications, using best efforts and best practices in the industry.
3.4. The “customer” warrants that they will promptly comply with all opt-out, unsubscribe, “do not call”, and “do not send” requests from users of the “customer’s” services and recipients of the “customer’s” emails. The “customer” further warrants that each email the “customer” sends or which is sent on the “customer’s” behalf using the “platform(s)” will contain:
3.5. Header information that is not false or misleading; and
3.6. An advisement that the recipient may unsubscribe, opt-out or otherwise demand that use of its information for unsolicited, impermissible, and/or inappropriate communication(s) as described in this AUP be stopped, and must clearly indicate how the recipient can notify “customer” that it wants to unsubscribe, opt-out, or stop this use of its information.
These requirements may not apply if the email concerned is strictly transactional in nature and/or these requirements are otherwise subject to a legal exception.
4. Prohibited Email Content and Formatting; Email Best Practices
The customer is prohibited from using the Products to send emails to addresses acquired from purchased lists. Emails sent, or caused to be sent to or through the Products, may not:
4.1. Contain false or misleading information or content or use or contain invalid or forged headers or invalid or non-existent domain names;
4.2. Employ any technique to otherwise misrepresent, hide, or obscure any information in identifying the point of origin or the transmission path or any other means of deceptive addressing;
4.3. Use a third party’s internet domain name without their consent, or be relayed from or through a third party’s equipment without the third party’s permission; or
4.4. Use Stockpress’ trademark(s), tagline(s), or logo(s) without our prior written consent and, with such consent, only pursuant to the limits placed on any such use.
5. Stockpress Trademark Use:
Unless the “customer” has Stockpress’ express consent, the “customer” may not use, remove, or alter any name, logo, tagline, or other mark of Stockpress or the “platform(s)”, or any identifier or tag generated by the “platform(s)”, including without limitation:
5.1 As a hypertext link to any website or other location (except as provided for or enabled expressly by Stockpress);
5.2 Imply identification with Stockpress as an employee, contractor, agent, or another similar representative capacity.
6. Customer Reporting Suspected Violations
A “customer” can report abuse of this AUP to firstname.lastname@example.org. If a “customer” is the recipient of email messages sent using the “platform(s)” that “customer” knows or suspect were sent in violation of this AUP, Stockpress encourages “customer” to report this to Stockpress by forwarding an unaltered copy of the received email.
Stockpress has the sole discretion to determine whether “customer data” or “customer’s” use of the “platform(s)” is prohibited. All “customer data” that is provided to Stockpress or actions that are performed via “customer’s” account, whether provided or performed by “customer’s” employees, “customers” contractors, or “customers” and end users, are the sole responsibility of “customer”.
8. Monitoring and Enforcement
8.2. take measures to prevent security threats, fraud, or other illegal, malicious, or inappropriate activity;
8.6. Report any “customer” activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Stockpress’ reporting may include disclosing necessary “customer” information.
8.7. May be required to disclose information regarding “customers” use of any “platform(s)” to satisfy any law, regulation, government request, court order, subpoena, or other legal process. If Stockpress makes this type of required disclosure Stockpress will notify “customer”, unless Stockpress is required to keep the disclosure confidential.
9. Fair Use:
9.1. Stockpress always try and place our “customers” of the most appropriate package, however should this be exceeded, the following pricing will be applied and invoiced monthly in excess of the agreed rate:
9.2. Price per G/B: U.S – $0.10, E.U – $0.08, U.K – £0.07